Legal Question in Real Estate Law in California

I lived with my boyfriend for three in half years. I moved out July 6th. I had two chinchillas as pets, and I left them with him to care for them until I got a place of my own because they live in a huge cage that is 5 ft 6 in tall and there was no room for it in the room I was staying in. He also had my computer and scooter. Dec 1st he called saying he did not want to take care of them anymore. Since I was still in the same place I knew someone who had a chinchilla rescue who said she'd foster them until I could take them back. Arrangements were made for her to pick them up. The night before this was ot take place, he called the rescue and cancelled saying he had given them to family friends. I heard about this and contacted him and he said that they were at his parents and he was going to keep them. I told him that they were mine....that I had paid for them and every single thing I have for them and i wanted the rescue to have them for the time being because they would get better care plus he and I wouldn't need to be in contact anymore and in the future I could contact the rescue and not him when I was in a new home. I told him to contact the rescue to pick them up again and he agreed. A week went by and nothing happened and even the rescue attempted to contact hi via email and phone. I did the same. He never returned any calls, emails, or texts. Today I received a call from him saying he had left the cage open last week and they had run away and he had been avoiding telling me. Well this is the third story of where they are and he has a hx of lying. I told him I had been trying to set up a time since July to get my scooter and computer back and now he was refusing to give back the chins which were mine. I told him that if wasn't going to cooperate I was going to have to go througfh a third party like a mediation service or go to the sheriffs dept for help and I didn't want to do that but I didn't know what else to do to get my things back since he wouldnt give them back or return calls emails or texts askign for these things. He called me back (his father is a lawyer) telling me that he was advised not to speak to me anymore and if I went through a thrid party I would be sorry, that I was threatening him by saying I would go through a third party and I was harassing him by sending texts and emails, and he would get an attorney to take my dog away and given to him. This dog he paid $200 for as a birthday gift to me, but I paid for all vet bills, food, toys, medication, ect, plus the dog is registered in my name. I am stressed because i want my chinchillas back and my other items but I don't want to have my dog taken away. He also says we never had a written and signed agreement about the chinchilIas so he can do what he wants wit them since I moved out.I have two questions. 1. Can he take away my dog since he bought it even though it was a gift.....or is that not goign to happen since it is registered to me on all accounts and I have receipts that I paid for every item the dog has had. Also 2. I don't know how to move forward with the situation of the chinchillas, the computer and scooter. I am very educated, am a Marriage and Family Therapist and am not used to being in a situation like this that has turned into a circus. I don't want to cause problems and take legal action, but I have ben asking sicne July for my things and he won't set up a time to give them back. I even told him to just drop them off at my door and we don't have to meet. I'm stressed and frusterated and all I want are my things. He says I am causing a problem but I told him all he has to do is give me my things and it would be no big deal. That I don't want to go through a third party but he is leaving me no choice becaus ei don't know how else to go about getting back my belongings. I also don't want to lose my dog. Any help would be greatly appreciated.


Asked on 1/29/10, 4:50 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I don't believe you are really a "marriage and family therapist."

Look up [california small claims couirt] and sue the guy. Do not be afraid of his father.

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Answered on 2/03/10, 5:13 pm
Bryan C. Becker Your Lawyer for Life.

I doubt he would be able to legally take your dog away. Small claims court is you best option. Good luck.

Regards,

Bryan Becker

Becker Attorneys

[email protected]

www.becker-attorneys.com

877.201.8728

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Answered on 2/04/10, 7:59 am


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